SUDAMA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners in this application make an allegation that with a view to eject them from portions of Plot Nos. 2754 and 2755, respondents 2, 4, 5 and 7 came there on 16.6.94 and acting without any sanction of law and contrary to the findings and orders of the Civil Courts forcibly demolished some stalls and wooden structures constructed on the disputed lands by the petitioners.

(2.) It is the case of the petitioners that they were in possession of the disputed land since 1936 and each of them had constructed there six shops of wooden planks and tiled roofs in which a Homoeo Pharmacy, a tea stall, a betel shop etc. were running.

(3.) It appears that moves were made by the local authorities, e.g. the Motihari Municipality and the district administration from time to time to eject the petitioners from the disputed land. It further appears that the authorities maintained that the disputed land was public land through which a Nali Khem (i.e. a Kachcha drain) flowed for the drainage of refuse and waste water and the petitioners had made illegal encroachment over it by filling/covering up the drain and the petitioners were liable to be ejected from the public land in question.